QUESTION
I can i sue the city police and officer for fales police report?
Asked on Jun 27th, 2016 on Automobile Accidents - Kentucky
More details to this question:
My mothers car was hit while it was parked in the grass on privet property on a main road at a yard sale. The officer put on the report as illegal parking even tho 4 sheriff officers and the mayer of wincheter KY said that was legal for cars to park their, even on the road. Mean while my mothers insurance was terminated 3 days without no warning just before the accident. The man who hit my mother was well known in town as a business owner and the officer who rote the report knew him by name on sight and greeted him. During all this there was a number of cars parked ON the road and the officer never said anything to the other ppl at the yard sale. The officer knew if he put illegally parked on the report, the man who hit my mothers parked car would get out of a law suit. No lawyer will help because when they ask about the report and what is says, they say they cant help or they want $500 or so to start. if ppl can get $25k+ for wrongful arrest, why cant she? she was arrested later on
1 ANSWER
The case you describe is not a $25,000 case. Rather, your mother has a claim for property damage against the driver of the car that hit her car. She can file an action in District Court -- Small Claims Division -- for the damage. Hopefully she has pictures of the damage and where the car was parked.
Given that this is a property damage claim, I can understand why attorneys would decline to handle the case on a percentage and instead insist upon an hourly fee arrangement with a retainer.
As for her subsequent arrest, she would have to be able to prove a lack of probable cause for the arrest. Not much is needed to establish probable cause. Probable cause determinations are very fact specific. Absent some type of real aggravating circumstance, false arrest claims are usually not worth bringing.
Answered on Jun 28th, 2016 at 6:33 AM
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